Key facts: New York
- When the clock starts
- Generally the date of injury for personal injury claims; the date of death for wrongful death. New York follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
- Last verified
- 2026-05-22
- Source type
- Primary (state code or court opinion)
Details and exceptions for New York
Three years from the date of injury for most negligence claims. Wrongful death runs two years from death under EPTL § 5-4.1. Medical malpractice is two and a half years under C.P.L.R. § 214-a. Intentional torts like assault or battery follow a one-year deadline under § 215. Claims against municipal entities require a Notice of Claim filed within 90 days under Gen. Mun. Law § 50-e.
Related: New York comparative negligence rule
New York follows a pure comparative rule. New York follows pure comparative negligence under C.P.L.R. § 1411. The claimant’s share of fault reduces but never bars recovery. Comparative fault is an affirmative defense the defendant must plead and prove.
Read the full New York comparative negligence rule →This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed New York attorney before relying on it.